1. Read the Guidelines, FAQs and other details provided in the Hand Book carefully.
2. Ensure that your building falls in the applicable categories for penalization and regulation of unauthorized constructions.
3. Read the Application Form carefully and fill up all the columns correctly.
4. Obtain the market value certificate of your land from the concerned sub-registrar office to know the market value of your plot / land.
5. Read the Regularisation charges payable as provided in the Rules and correctly fill up the concerned Self-Computation.
6. The application requires a list of documents to be enclosed. Ensure that all the documents required are enclosed to the application.
7. If you need any assistance, you may take the help of the Licensed Technical Personnel authorized by the Competent Authority or Registered Architects to guide you in filling up the Application Form, calculation of the regularization charges payable and preparation of the required plans.
8. In respect of buildings with a height of above 15m, a certificate from Licensed Structural Engineer shall be submitted.
9. In certain cases NOC is required from Karnataka Pollution Control Board and Fire Services Department. Ensure that these NOCs are submitted within the stipulated time.
10. Enclose the Demand Draft / Bank Pay order obtained from any one of the schedule Banks in favour of the Competent Authority to the Application.
11. Ensure that the Application is submitted before the last date fixed for receipt of Applications.
12. Before submitting the Application at the places designated by the Competent Authority make sure that you have made a Photostat copy of filled in Application Form for your record.
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FREQUENTLY ASKED QUESTIONS:
1. What is meant by regularization of certain developments and change of land use?
Regularization of certain developments and change of land use means the development of land for residential or other purposes made in violation of the provisions of the Karnataka Town & Country Planning Act, 1961, Section 187 of the Karnataka Municipalities Act, 1964 and Section 321 of the Karnataka Municipal Corporations Act, 1976.
2. Are there conditions as to who should apply under this scheme?
Yes, there are conditions as to who apply. Certain developments and change in land use that cannot be regularized are listed at para (2) of Instructions to applicant. In brief, only the rightful owner of the property can apply for regularization provided the violation in respect to Floor Area Ratio (FAR) and SETBACK area are within the prescribed limits.
3. What are the prescribed limits of violations, which will qualify for regularization?
The prescribed limits for regularisation of setback violation and floor area violation are as follows:
a) If the set back violation is less than 50percent in case of residential buildings and 52percent in case of non-residential buildings.
b) If the FAR violation is less than 50 percent in respect of residential buildings and 25 percent in respect of non-residential buildings.
4. What happens if the development is more than the permissible limits?
If the developments are more than the permissible limits, it will not be regularized unless the violation is brought down within the prescribed limits for the respective category of buildings.
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5. If the setback is within the permissible limits but the actual built-up area is beyond the permissible limits can I get regularisation of the setback area only and vice-versa?
No, in either of the cases the application for regularisation will not be accepted for regularization unless but the parameters are within the permissible limits.
6. Can developments made in basement or usage in contravention of byelaw … regularized?
No, such developments cannot be regularized.
7. Do I need to enclose certificates from any authority along with the application?
Yes.
8. If an industry falls under the “RED” category, but the land use does not conform to the zonal regulations can the same be regularized?
No, land in non-conforming zone cannot be regularized.
9. Do I need to file any certificate from the architect or structural engineer?
If your building has more than two floors you need to file a certificate from a registered Engineer (Structural Engineer) certifying that you qualify to apply for the regularisation and that your claim is in accordance with the rules prescribed and the building has structural stability.
10. Is the certification process difficult?
The certification process is not difficult. The registered Engineer will only have to give the zonal classifications, the physical parameters of the set back and FAR and whether the violation fall within the permissible limits.
11. Will I have to pay the registered engineers?
Yes you will have to pay your engineer
12. Is there any time limit before which I have to file the application?
Yes, you need to file the application in the prescribed form within 1 year from the date of notification i.e., from 01-03-2015 up to 29-02-2016.
13. What happens if I do not avail the opportunity to regularize?
In case you have made unauthorized construction in violation of the norms or zonal regulations and you fail to apply for regularisation within the prescribed time, the supply of water and electricity to the building will be liable for disconnection after notice to you.
14. What will happen to such developments in excess of the permissible limits?
Law as contemplated under section 321 of the Karnataka Municipal Corporations Act, 1976 and Section 187 of the Karnataka Municipalities Act, 1964 will apply.
15. Where do I get the application form?
The application form will be available at your Municipal Office. Each Urban Local Body will notify if necessary additional location in their jurisdiction for supply of forms.
16. Do I have to pay fees for the regularization along with the application?
Yes, you will have to pay (1) scrutiny fee and (2) regularisation fees along with the application. Your engineer will guide you in calculation of the prescribed fee.
17. What are the prescribed regularization fees?
The table below specifies the regularization fees payable. The rate is calculated on the guidance value published by the Department of Stamp and Registration.
Residential Setback Up to 25% 6%
Above 25% but less than 50% 8%
Residential FAR Up to 25% 6%
Above 25% but less than 50% 8%
18. Can my application be rejected at the counter itself?
Yes, the application can be rejected at the counter itself, if your application is not accompanied with the prescribed enclosures. The officers at the counter will issues you an endorsement for acceptance of your application or assign reasons for rejecting the application. If your application rejected you can re-file the application, within the prescribed time, after attending the objections but not later than 29-02-2016.
19. If I have problem where do I come and lodge the complaint?
You can lodge your complaints to the officer especially designated as Nodal Officer in each ULB/UDA/PA, to attend to all grievances. He will attend to your grievance and take appropriate steps to help you.
20. If my application is accepted at the counter does it mean that the violation are automatically regularized?
No, at the counter, the officer will examine only whether all the prescribed documents and the prescribed fee for regularisation are enclosed. They will not be able to verify whether the violation fall within the prescribed limits or not. This is the task of the Competent Authority, who will make these verification in every single case and pass an orders.
21. How I will know the outcome of my application for regularisation?
The processing of your application will commence after the closure of the last date for filing the application. A special set of officers will assist the Competent Authority in processing the application for their correctness. If the application is in order and the violations are within the permissible limits, then an order for regularization will be passed and a certificate will be issued.
22. Will I be called and heard before an order is passed?
No, there is no personal hearing. Each case will be processed on what has been stated in the application. Normally, the certification of the engineer will be accepted as the basis for processing the case for regularisation. However, the Competent Authority can take up inspection of the land or building or both if they find it necessary to do so before passing necessary orders.
23. If any application is not considered is not considered for regularization can I appeal?
Yes, you can appeal. In the first instant you can an appeal to concerned Appellate Authority.
